Living In A Nursing Home
Fla. Stat. 400.022 — residents' rights, and 30 days' notice before a discharge
In Florida, every licensed nursing home adopts and makes public a statement of residents' rights and treats residents in line with it. The section lists what the statement must assure.
Private and uncensored communication. A resident has the right to send and receive unopened mail, to use a telephone, and to visit with any person of their choice during visiting hours, which must be flexible. Immediate family and other relatives must be allowed immediate access, subject to the resident's right to deny or withdraw consent, and so must the State Long-Term Care Ombudsman Program.
Refusing medication or treatment. A resident may refuse medication or treatment and be told the consequences. The home documents the decision in the medical record and must keep providing the other services the resident agrees to under the care plan.
Leaving only for listed reasons, on 30 days' notice. A resident may be transferred or discharged only for medical reasons or for the welfare of other residents, with no less than 30 days' advance notice of an involuntary transfer or discharge, except in an emergency. A discharge for nonpayment also takes 30 days' notice. A home taking Medicaid may not discharge a resident solely because the source of payment changes, and a waiver of that right is void.
The bed during a hospital stay. A private pay resident's bed is reserved for any single hospitalization for up to 30 days, if the home is paid for it. For a Medicaid resident, it is reserved for as long as Medicaid pays, up to 15 days.
| The assumption | What the law actually does |
|---|---|
| The assumptionVisitors are at the home's discretion | What the law actually doesAny person of the resident's choice, during flexible visiting hours |
| The assumptionRefusing a medication means losing other care | What the law actually doesOther agreed services continue under the care plan |
| The assumptionThe home can discharge a resident on short notice | What the law actually doesNo less than 30 days' notice, except in an emergency |
Facilities taking Medicare or Medicaid funding are subject to a further set of federal resident rights alongside these, which are not on this page. Whether conduct breaches the section is a question for a licensed Florida attorney.
Sources for this section (1)
- Fla. Stat. 400.022 — Residents' rights
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Florida attorney.